The Dean of the Faculty of Advocates, Richard Keen, last night (Wednesday) welcomed the Comminwealth Law Ministers to Edinburgh at an address held in Parliament Hall.

Keen stressed the importance of the sepration of powers and urged the ministers to remain true to the founding principles of justoce in his speech, whcih celebrated the traditions of Scots law in its spiritual home.

"The building in which we stand, The Parliament Hall, was built in about 1639 in order to accommodate the Lords of Session who constituted the Supreme Court of Scotland; the Advocates who appeared before them; and the Scottish Parliament which continued to meet here until the Union of the Parliaments in 1707," Keen said.

"The Parliament House found itself having to accommodate two and indeed at times all three of the branches of Government identified by Montesquieu namely the Judiciary; the Parliament and from time to time the Executive. That was of course at a time when the boundaries between these branches of Government were perhaps more blurred than they are today.

You as Justice Ministers and Law Officers are required not only to guard those boundaries but also to attempt to ensure that these separate branches of Government may work together coherently, constructively and effectively for the common good."

"Our respect for these fundamental rights is a product of our democratic tradition. Our belief in justice makes democracy possible. Our occasional inclination towards injustice makes democracy necessary," he added.

Richard Keen's address can be read in full below.

"Sheriff Principal; Lord Advocate; Lord Justice Clerk; Distinguished Ministers and Delegates; My Lords Ladies and Gentlemen it is my privilege on behalf of The Faculty of Advocates to welcome you to this reception in the course of the Commonwealth Law Ministers meeting.

The Faculty of Advocates is the bar of Scotland and has formed a part of the College of Justice in Scotland since at least 1532.

The building in which we stand, The Parliament Hall, was built in about 1639 in order to accommodate the Lords of Session who constituted the Supreme Court of Scotland; the Advocates who appeared before them; and the Scottish Parliament which continued to meet here until the Union of the Parliaments in 1707.

The Parliament House found itself having to accommodate two and indeed at times all three of the branches of Government identified by Montesquieu namely the Judiciary; the Parliament and from time to time the Executive. That was of course at a time when the boundaries between these branches of Government were perhaps more blurred than they are today.

You as Justice Ministers and Law Officers are required not only to guard those boundaries but also to attempt to ensure that these separate branches of Government may work together coherently, constructively and effectively for the common good.

The role of Justice Ministers and Law Officers is vital to the maintenance of the Rule of Law and justice in accordance with the democratic tradition of the Commonwealth States.

It is perhaps timely upon this the sixtieth anniversary of the Universal Declaration of Human Rights to remind ourselves that when we talk of the Rule of Law and access to justice, we are not referring to abstruse political theories but to the fundamental nature of the human condition.

We are born free and equal in dignity and rights.
We have the right to life, liberty and security.
We have the right to be equal before the law and to the impartial determination of our rights without distinction of race, colour, gender or origin.

The matter was perhaps put most clearly by the Heads of Government of the Commonwealth States in the Singapore Declaration of the Commonwealth Principals in 1971 where they declared,

“We believe in the liberty of the individual, in equal rights for all citizens regardless of race, colour, creed or political belief, and in their inalienable right to participate by means of free and democratic political processes in framing the society in which they live. We therefore strive to promote in each of our countries those representative institutions and guarantees for personal freedom under the law that are our common heritage”

Our respect for these fundamental rights is a product of our democratic tradition. Our belief in justice makes democracy possible. Our occasional inclination towards injustice makes democracy necessary.

Justice is more than being able to distinguish between right and wrong; it requires a willingness to uphold right against wrong. In the words of Martin Luther King, “Injustice anywhere is a threat to justice everywhere”

The moral and political weight of the Commonwealth States is such that what you say today will undoubtedly influence what others do tomorrow.

I welcome you all and wish you well in your deliberations.

Thank you